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(영문) 서울중앙지방법원 2018.12.06 2018가단5126620

양수금

Text

1. The lawsuit of confirmation of invalidation in the lawsuit of this case shall be dismissed.

2. As to the Plaintiff, Defendant B’s KRW 112,967,235 and this.

Reasons

1. The details of the Plaintiff’s assertion are as shown in the annexed sheet.

2. In order to file a lawsuit seeking confirmation of the legality of a lawsuit seeking confirmation of invalidation, there must be “interest of confirmation”. Here, “interest of confirmation” is recognized when a judgment of confirmation is the most effective and appropriate means to eliminate the Plaintiff’s rights or legal status, and the risk exists.

Therefore, the benefit of confirmation should be related to the current rights and obligations or legal relations.

However, the Plaintiff’s lawsuit seeking confirmation of invalidity of the claim transfer agreement between the Defendants is not related to the current rights and obligations or legal relations, as it seeks confirmation of invalidity of the claim transfer agreement.

In addition, since the final purpose of the Plaintiff’s lawsuit for confirmation of invalidity of this case is invalid by a false declaration of agreement between the Defendants on the claim stated in the separate sheet, the Plaintiff who again acquired the claim from the D non-life insurance company, a junior creditor of the same claim, has the right as the final transferee of the claim.

In this case, the plaintiff does not seek confirmation of invalidity of the previous assignment of claims between the defendants, but rather file a lawsuit for affirmative confirmation that the claims stated in the attached Form are claims with the plaintiff is more fundamental means of dispute resolution.

Therefore, it is difficult to see that the Plaintiff’s lawsuit for confirmation of this part is an interest in confirmation by multiple mothers.

3. The plaintiff's claim against the defendant B against the defendant 2 is deemed to have been led to confession under the main sentence of Article 150 (3) of the Civil Procedure Act.

4. Conclusion, the plaintiff's lawsuit of this case is in the middle of this case.